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Foreword
FOREWORD Francisco T. Quintana The staff of the Washington International Law Journal proudly present the first installment of Volume 35. Formerly published as the Pacific Rim Law & Policy Journal, the Journal was historically defined by legal and policy issues within the Pacific Rim region. Since…
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Allocating Data Protection Duties The Chinese Way
Abstract: China has been enacting data protection laws with distinctive features at an unprecedented pace, which makes it necessary to update existing studies on the Chinese approach to data protection. Unlike its predecessors, this Article focuses on developing a structured approach to dissecting…
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The Taiwanese Way to AI Governance: Draft Basic Law on Artificial Intelligence and Future Regulatory Strategies
Abstract: Despite Taiwan’s significant contributions to the global artificial intelligence (AI) ecosystem, its role remains underexamined in international AI governance discourse. This Article addresses this gap by analyzing Taiwan’s emerging AI regulatory framework, with particular emphasis on the…
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On the Nation’s Doorstep: How the Ninth Circuit Ruled Against Metering and Redefined the Border for Asylum Seekers
This Note examines the Ninth Circuit’s decision in Al Otro Lado and its implications on evolving federal immigration policies. Part II analyzes the history of metering in the United States, including prior judicial treatment of the practice and its unlawfulness as determined by the district court’s…
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Navigating Risk Factor Disclosures: A New, Outlier Ninth Circuit Approach Remains After the Supreme Court Declines to Resolve a Circuit Split in In re Facebook Securities Litigation
This Casenote examines the implications of the Supreme Court’s recent decision in Amalgamated Bank to dismiss Facebook’s writ of certiorari as improvidently granted, thereby allowing the shareholders’ securities fraud class action lawsuit to proceed in the lower courts. Specifically, it focuses on…
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Passive Choice and the Fourth Amendment
Does the Constitution allow waiver of Fourth Amendment rights through passive choice? What about through the choice of others? Based on current Supreme Court precedent, the answer is frustratingly unclear. For example, a copious amount of information is constantly disclosed to phone companies. The…
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Copyright Extraterritoriality
The presumption against extraterritoriality is a fundamental principle of U.S. law, yet its application to copyright law remains unsettled. In recent years, the Supreme Court has formalized a two-step methodology for assessing the extraterritorial scope of federal statutes, culminating in RJR…
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Proportionality and Theft
Criminal law can serve a variety of utilitarian purposes including deterrence, incapacitation, and rehabilitation. Nevertheless, there is broad agreement among criminal justice scholars that the pursuit of these purposes should be constrained by a requirement that punishment not be…
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Punishment Menus
Optimal law enforcement and regulation models generally assume a single punishment scheme. However, when there is unobservable heterogeneity in violation propensities, welfare can be improved by offering punishment menus to potential offenders ex ante. When this is done, individuals with low…
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On the Law of the Household: The Principles Used by Parents in Disciplining Their Children
The basic principles that parents employ in disciplining their children in the household are described in the first part of this article. The description is based on a survey of parents, the major results of which are that parental disciplinary actions are premised on wrongdoing—not on the mere…
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Standardization and Innovation in Venture Capital Contracting: Evidence from Startup Company Charters
This study examines the standardization of venture capital contracts following the 2003 re-lease of the National Venture Capital Association’s model charter. Among nearly 5,000 Series A startup charters, model adoption rose from 2 percent in 2004 to 84 percent by 2022, driven largely by six major…
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Behavior-Based Price Discrimination and Data Protection in the Age of Algorithms
The literature on price discrimination typically focuses on immutable features, such as higher interest rates offered to black borrowers or higher prices offered to women at car dealerships.This paper studies behavior-based pricing (BBP), which is a practice of setting prices according to…
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Forms of Commitment: Comparing Written and Verbal Consent in Three Psychological Experiments
Consent forms, often hailed as a means of protecting vulnerable individuals, are ubiquitous. We argue that consent forms are likely to activate people’s “contract schemas”—mental scripts implicitly called upon whenever people encounter documents that resemble contracts. Across three experiments, we…
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Reducing Sympathy Bias: The Impact of Statutory Interpretation Methods
This article examines the moderating effect of statutory interpretative methods on sympathy bias in legal decision-making. Previous research has shown that sympathy toward litigants can lead to biased decisions, particularly in cases of legal ambiguity. Two preregistered studies of 300 laypersons…
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Live Broadcasting the Courtroom: A Field Experiment Using Real Trials
We conducted an experiment to study the effects of live broadcasting in the courtroom. Collaborating with a court in China, we randomly assigned trials to be broadcast live on the Internet during a 4-week period. We found that live broadcasting significantly affects the behavior of the parties to…
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Weather as a Weapon of War: The Legality of Cloud Seeding under International Humanitarian Law
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The Double-Edged Sword of AI in Elections: Navigating Risks and Opportunities in Washington State
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